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Clinical Negligence - Liability Tests

For a case of clinical negligence to be proved, there must be a duty of care which is owed by the defendant to the person claiming damages. If such a duty of care exists, for an action to be successful, two further things must be shown. Firstly, the...

Dancer Gains £20m Settlement

A dancer, who suffered severe brain damage whilst a patient in hospital, was awarded a settlement worth an estimated £20million. Kerstin Parkin, a professional dancer, was awarded the sum by Bromley Hospitals NHS Trust after suffering a heart attack...

Failure to Warn Of Slight Risk

A doctor must warn patients of even slight risks before operating. Failing to do so is negligent. In a recent case, in spite of the fact that the operation itself was not performed negligently, the suffering of a patient as a result of the operation was...

MRSA Claims on the Rise

An upsurge in MRSA cases against hospitals is expected as health and safety legislation is being used by lawyers as a basis for compensation claims. In the past, it has been difficult to prove cause and effect in MRSA cases. This is because patients...

Medical Negligence - Two Minute Guide

If a person suffers injury due to medical (or clinical) negligence (e.g. in the course of an operation), they may be entitled to claim damages. All doctors owe their patients a duty of care and a claim may be made based on the law of tort. In the private...

Structured Settlements - How They Work

A structured settlement is a type of settlement normally used in accident and medical negligence claims as an alternative to the payment of a lump sum by the defendant to the claimant. A structured settlement may have three components. The first is an...

When Relief of Pain Breaches Human Rights

Human rights law has thrown up some controversial issues over the years, as illustrated by a recent case in which a mother was awarded €25,000 in damages and costs as compensation for her severely disabled son being given the painkiller diamorphine by...